SERAP takes Buhari govt to ECOWAS Court over illegal pipelines, oil theft
The suit was filed by SERAP, Chief Eric
Dooh, (who is suing for himself as a leader of the Goi Community in Gokana
Local Government Area of Rivers State, and on behalf of the Goi Community), and
15 other concerned Nigerians.
The suit followed recent reports of the
discovery of at least 58 illegal oil pipelines used to steal the country’s oil
wealth. The stealing is reportedly carried out through the illicit pipeline
connected to the trunk line via an abandoned pipeline, and linked to a location
in the high sea, where they load crude oil into vessels and sell overseas.
In the Suit No ECW/CCJ/APP/53/22 filed last
Friday before the ECOWAS Court of Justice in Abuja, the Plaintiffs are seeking:
“an order directing and compelling the Buhari government to immediately probe
the reports of operations of illegal pipelines and oil theft, name and
prosecute suspected perpetrators.”
The Plaintiffs are also seeking: “an order
directing and compelling the Buhari government to fully recover any proceeds of
crime, and to respect, protect, and fulfil the human rights of the people of Niger
Delta that have continued to suffer the effects of oil theft by non-state
actors.”
In the suit, the Plaintiffs are arguing
that, “The Buhari government is failing to uphold its international legal
obligations to ensure that the country’s oil wealth is used solely for the
benefit of Nigerians, and that the wealth does not end up in private pockets.”
The Plaintiffs are also arguing that, “Poor
and socio-economically vulnerable Nigerians have continued to pay the price for
the stealing of the country’s oil wealth apparently by both state and non-state
actors.”
According to the Plaintiffs, “Despite the
country’s substantial oil wealth, successive governments have largely
squandered the opportunity to use the wealth to improve the lives and well-being
of ordinary Nigerians.”
The Plaintiffs are also arguing that, “the
illegal pipelines have been operated for many years without notice, implying a
flagrant violation of international human rights obligations to ensure the
proper, effective and efficient management of the country’s wealth and natural
resources.
In the suit filed on their behalf by their
lawyer, Kolawole Oluwadare, the plaintiffs
contend that, “The plundering of the country’s oil wealth has resulted in the
downward trend in revenue and increasing level of borrowing, with reports of a
projected N11.30 trillion deficit budget for 2023.
The suit, read in part: “The unaddressed
plundering of the country’s oil wealth has for many years contributed to
shrinking revenue, chronic underfunding of public goods and services such as
education, health, and safe drinking water, recurring budget deficits, growing
level of borrowing, and unsustainable debt profile.
“There are violations of the economic and
social rights of the people of the Niger Delta including the rights to an
adequate standard of living, and to economic and social development – as a
consequence of the plundering of the country’s resources through the operations
of illegal pipelines by non-state actors.
“The Buhari government has failed to
exercise due diligence to prevent and combat oil theft; to investigate and
prosecute suspected perpetrators, and recover proceeds of crimes; and to
respect, protect, promote and fulfil people’s rights.
“The plaintiffs contend that
the resulting loss from the plundering of the country’s wealth and natural
resources by non-state actors and state actors through the operations of
illegal pipelines is a contributory cause of poverty and underdevelopment in
the Niger Delta.
“The Plaintiffs further contend that the
majority of the people of Niger Delta and Nigeria as a whole continue to be
denied access to basic necessities of life such as clean water, quality
education, healthcare, food, a clean and healthy environment, and economic
development.
“This illegal oil connection has been
operating for nine years with about 600,000 barrels per day of oil lost in the
same period.
“According to a Nigeria Extractive
Industries Transparency Initiative, NEITI, audit report, 160 million barrels of crude oil
valued at $13.7 billion were stolen between 2009 and 2012.
“The plaintiffs contend that the destruction of vessels used for crude oil
theft by security agencies under the command of the Defendant was illegal and
was done to conceal the identity of the perpetrators.
“It is further contended that the
forfeiture of any vessel used for illegal activity can only be lawfully carried
out pursuant to the order of a Court of competent jurisdiction.”
The Plaintiffs are therefore asking the
ECOWAS Court for the following reliefs:
*A declaration that everyone in the Niger Delta is entitled to the internationally
recognized human right to an adequate standard of living, to life and human
dignity, to a clean and healthy environment; to wealth and natural resources,
to human dignity, and to economic and social development.
*A declaration that the failure and/or negligence of the defendant to
prevent and combat oil theft through the operations of illegal pipelines by
non-state actors, and to investigate, arrest, name and prosecute the
perpetrators of this oil theft and operation of illegal refineries, and recover
the proceeds of crime, is unlawful, as it violates Nigeria’s international
human rights and anti-corruption obligations and commitments.
*A declaration that the failure and/or negligence of the defendant to
investigate the reports of operations of illegal pipelines and to recover the
proceeds of crime is unlawful, as it amounts to depriving the Nigerian people
of their right to the enjoyment of their wealth.
*A declaration that the failure of the defendant to provide
access to justice and effective remedies including reparation for the victims,
is unlawful as it amounts to breaches of obligations to ensure the human rights
guaranteed under the African Charter on Human and Peoples’ Rights and the
International Covenant on Economic, Social and Cultural Rights.
*An order directing the defendant and/or its agents individually and/or
collectively to respect, protect, promote, and fulfil the human rights of the
people of Niger Delta that have continued to suffer the effects of oil theft
and plundering by non-state actors.
*An order directing the Defendant to pay adequate monetary
compensation of $500 million to the victims of these crimes and human rights
violations within the Niger Delta Region, and any other forms of reparation
that the court may deem fit to grant.
Such further orders the court may deem fit to make in the circumstances
of this suit.
No
date has been fixed for the hearing of the suit.
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